Ordinance 1344• ~ •
o~mrx~ r~o. 13aa
AN OF THE CPPY OF C[7PF~II~10
RF7fVIATIIdG GQ~1iAL CQ4~I~IAL (0;) ZCEiE4
SDGTION 1• REP~~ CL7a~
Section 1.1: Ordinance No. 220(J), of the City of cupartino,
California, is hereby repealed. All other ordinanoea hesBtofore
enacted in conflict with this Ordinance No. 1344 are hereby repealed
to the extent that they vary fmn the provisions of this ordinance.
SECTION 2• R7RP06E
Section 2.1• The purpose of the General Oc~mner+cial Ordinance is
to establish ~regulationa for retaili~, offices, and service
establistaoents offering goods and services to the general public.
SECPICN 3 • AppLi(~TTert
Section 3,1• No building, ar structure ar lard shall be used,
and no buildirg~ar structure shall be hereafter erecked, stnuhhnraliy
altered ar enlarged in a General ~anerciai (CG) zone, otherwise
than in ocnformanoe with this Oxditvuyoa No. 1344, with the following
~~
a. Uses, buildings and ~ lawfully in existence 8t
the time this Ordintu~oa No. 1344 talaes effect may
remain as long as rso alterations, other than mirror
altemtioa:s, tales plans. Minor alterations shall
includB minor maintenance of existing structtlresr IIBW
signs, sign face changes, interior re:tndelirg w2ric3:
does not r+eiar+esennt an increase in intensity, and
c2nargas in owrxarehip ar operates which do not rent
a ~ in use. F~ection of a new building, expansion
of an existing building, exterior reaodel.irg, or an
in~crense in intensity of use shall not be considered a
mirnr alteration.
b. legal non-ca~-foaantng uses, buildin:ga, ~ and
paroels permitted by the City's Ordinance regulating
non-oanfo~rmirg uses, ar its suooessor.
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,ECM. ~~i_..
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~2DINANCE NO. 1344 (aAlPal[7ID)
sE4'~ON 4 • DEFQJITIariS
Section 4.1; Autamtive Mai**+'p*+~+*~/Raev+ir Itdi.v„-1
A retail establislm~east engaged in supplying minor autc~obile
mairrter~anoa sexvioes suds as lubrication, ~gitle
certifications, servicing of tis+es, bra]oes, battersimil~ar
accessories, and minor repairs inwlvirg engine acoessaries. Any
which requires the engine, drive train, transtnissian assembly,
syst®a, ar drive train parts to be removed Pran the car ar
r~equir+es the removal of internal parts shall not be considered minar~.
~Y and P~ ~P operatiais ors not considered minor repair.
Section 4 2 • i ama ata, trot.
An activity that includes the retail sale of food, beverages, and
sma11 pQ*~a? oor'ivenienoe items, i m1
uding sale of food in
disposable acertairnrs primarily far off-psmm:ises oonsw~tion, and
typically Pound in establiatnoents with long ar late hours of
operaticm and in relatively small buildings; but exrludirg
delicatessens aryl other specialty food shops and also Evarluding
establistrments which have a sizeable assortment of fresh fruits and
vegetables and fresh-cut meat.
Section 4.3: Rr-i*Y{nor FsntAhlia}„nent•
An activity that is primarily devoted to the selling or alcoholic
beverages, including wine and bey, for oors~tlon on pmemises.
section 4.4 • nrive~ItL*Y.trtr EstAti~ is*^~^~
An activity where a portico of retailing ar pmovision of service
can be conducted without z+equirirg the wstomer to leave his ar her
car.
Srrttoi'r 4.5• Lts E~ .irv+ n..~is,~t*i~,.
An activity which mai.,tairva ~y hours Of operation during the
period of 11:00 p.m. to 7:00 a.m.
Section 4.6• Idauor Strna•
An activity that is primarily devoted to the selling of alcoholic
beverages, including beer and wine, far oot~ticn off the preooiaes.
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ORDI2U~NCE NO. 1344 (OOd~lPINCTID)
A retail Food service establistmient in whic3t prepared Food ar
beverages are served or sold Oir ar i11 disposable oontair~sa,
including those establistnneztts where a substantial portion of patterns
may serve themselves and may carLSt~e said food and beverages
off-site. A separate bar facility far serving alcoholic beverages is
nct permitted. Any area, tables, ar roam reserved Par serving
alcoholic beverages shall be considered a separate her facility.
specialty food stares, such as ice cream stores, bakeries, ar donut
shops shall net be considered fast food restaurants.
A retail food service establishment in which prepared food aryl
beverages are served an rrx--disposable dishes, it~cludinq those
establisfirents where the vast majority of food and beverages will be
o~tnned on the pranises. Alcoholic beverages may be served with
meals at the patron's dining table. A separate bar facility far
serving alcoholic beverages is not permitted. Any area, tables, ar
room reserved far serving alcoholic beverages shall be considered a
separate bar Pacility.
A full. service ar fast-food restaurant with a separate cocktail
bar ar a Rill service ar fast food restaurant with an area, tables,
ar mcmm irrterded primarily Par serving alcoholic bevera~gea far
oam~tian an the pr+mnises to patsnns who may ar may not eat a meal.
A retail establishment engaged in the dispensing of automotive
Awl which may include the retail sale of automotive goods arld
supplies. Minor automobile maintessanoe activities are permitted.
~e follawi,nq uses shall be permitted in a General ovamercial
(DG) zoa~e without the requira~rst oP a use permit, provided that they
are oocdtu:ted entirely within enclosed buildings or patios, e~aoept
for parking, and provided a use permit is not required for any
portion oP the business by Section 6:
a. Retail businesses, such as food stones (e~acludirg
aonvenienoa markets), drug stores, apparel shops,
varierty stores, and hardware stores.
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•
ORDINANCE NO. 1344 (OOTlTINIJED)
b. 1?mfessianal, general, administrative and business
offices.
C. Hanks, ftnwrrtal instituti0~18, insurance grid real
estate agencies, travel agencies, photographic and
similar studios.
d. Business services, sudr as advertising bureaus, credit
repaatitg, acoo~mtir~g, aryl similar aw~sulting agencies,
stenographic aryl duplication services, messenger and
telegraph offioe~3, ecamnniication equipment buildings.
a. bodges and restricted ,~**~,-~~±ip clubs as subozdinate
uses in buildings intended primarily fair uses specified
in Sections 5 and 6 of this Ordinance.
f. Limited relaaiir services, such as jewelry, daaestic
appliance, typewriter arxi business machine repair
ehogs.
g. Personal servioa establisYnnerrta sudr as barber strops,
~~Y parlozs, shoe repair shops, and tailor shops.
h. A maximum of four (4) video gams mathine8 provided
these machines are incidental to the main activity of
the business.
i. Other uses which, in the opinion of the Planning
Ocmnissicn, are consistent with the c3~aracter of a
Gm~eral Ommarcial (OG) Zane, are of the smne general
d~aracter as the uses listed in the above Sections a
thrurgh k and are not objectionable by reason of odar,
dust, smoke, glare, ftm~es, radiation, vibration, noise,
traffic, ar litter.
SECIgON 6• OCNDPI'i[AD~L -USE 1~IIT Rf1QUIltED:
the following uses may be permitted in locations where they, in
the opinion of the Plarming Commission, era compatible with existing
and planned uses in the neigtsborhood. All uses shall be conducted
entirely within enclosed buildings or patios, including the parking
oP vehicles subject to storage, repair or other work, but excluding
employee and custans:, parking. Zhe Use Permit shall specify the vse
or uses to be permitted.
a. Autanobile, trailer, fire and boat sales and rental,
limited to new and used vehicles in operable canditian.
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dRDI?tANC~ NU. 1344 (0.1t1PI2~RiID)
b. ocunoex+cial parking and parkimg garages.
c. oonvenienoe markets.
d. tiortels, motels arxi boazding banes.
e. LicNar stores.
f. Drinking establishments.
g. Ftil.l service ~ with ar without a separate bar
facility, fast food restaurants with ar without a
separate bar facility, and any entartairnnmit activities
(e.g., dancing, live music) in association with a full
service ar fast Paod restaurant.
h. Oommerrial entertair~ent estab~ishmente, such as indoor
theaters, bowling alleys, billiard pool parlors, dance
halls, and skating rinks.
i. Iodges ant restricted membership clubs as principal
uses oP buildirx~s; fraternity and sorority houses.
j. mild care Dentate, day nurseries and playgirotn~ds
aeoessory to a omsneroial establistanent.
k. Vocational ant specialized schools, dance and music
studios, gymnasiums and health clubs.
1. Limited Pood prooessixyg with retail outlets on the same
pr+mnises: caterers.
m. Pet shops and facilities far bathing, clipping,
tri:rming and similar services far pate, oannonly called
"Poodle Parlors".
n. Mortuaries.
o. Minor autaootive repair ar ~.
p. Iate avessiryg activities.
q. y Pood stores such as balaeries. donut stwbs.
ice cr+emn stows. prodtyoe markets and meat mArtrah=. ar
similar establisknnents where food is rnwr~argd and/or
sold primarily for Donaamtion off the premises.
r. Laurxtrv agencies and self-aerviDe launderettes.
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o~~urrce rro. 13aa (o~rr~um>
s. Detail drv cleanira establislm~ents provided that the
solvents used in the cleanira process shall be
noel-fla~m~.+ble and rwn-e~losive and are in fluid-~tig~t
ciet~nirrf units abpraved by the State Fire Marshall No
dLY cleanira is permitted of Clothes other than those
delive_~ to t-~ establislanents by retail custc~ra-
t. atltdoor Uses - ~e following uses may be permitted as
uses i.rt locations where they, in the opinion oP
the Plaruiing Commission, are ca~gaatible with existing
atd planned uses in the neighborhood. the Use Permit
shall specify the uses to be permitted outdoors atd the
location of these uses.
i. Automobile service stations.
ii. Autarcabile washing facilities.
iii. Autanobile, trailer, fire an3 boat sales and
rentals, limited to new and used vehicles in
operable oandition.
iv. Bus terminals and stations.
v. Fast food ar Aill service restaurants
operated wholly ar partly in outdoar arena
ether than enclosed patios.
vi. Drive-khraigh Fstablis2nnents.
u. Other uses which, in the opinion oP the Planning
Ocamission, are c~sistent with the character of a
General ~ercial (CG) zone, are oP the same general
character as the uses listed in the above Sectiana a
through q aril are not objectic~able by reason of odar,
dust, smoke, glare, fumes, radiation, vibration, noise,
traffic ar litter.
SExZ'ION 7 • 2~ARY USFS
Tempormry sales and exhibits, including stands ar other
stxtlctures not having a pexmanettt foundation, may be permitted Par a
period net exoeeditg thirty (30) days thr+a~gh a Mirnite Order by the
City Counrcil.
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ORDIPUINCE PTO. 1344 (QONPIN[JED)
SECTION 8: P~{QITdED 1ISf5
Section: 8.1• The following uses shall ~ be permitted in
General Oonamrcial (O3) zones:
a. Automobile repair shops, fire repair shops, and other
repair shops, except Par minar automotive repair aM
mar dos as permitted in Section 6 of this
b. Cazpenter aryl cabinet shops, P1~~J ~~•
c. I:aaber yards, warehouses, storage garages.
d. Nurseries and greenhouses.
Section 8.2: Other uses whic3i, in the opinion o! the Plarmitg
Chmnissicn, are objectionable by reason oP odor, dust, m:alae, glare,
Rm~es, radiation, vibration, noise, traffic ar litter shall be
excluded.
Section 8.3• Uses not specified in this Oxdinarsoe which, in the
opinion of the Plannirq Oammissicn, are substantially i„~,ar,-~>,~
rather than ootsmarcial shall be ~acluded lrcm General Oa:merc:ial (OG)
zees.
S~'ION 9• HEIGfiP OF HTIIDI2JGS ANn] ti:S~tY~ifiRRS
Section 9.1: The maximum permitted height o! a oataaercial
structure shall be 30 Pt., except that:
a. greater height may be permitted as defined by the
~ertino General Plan.
b. lesser height may be required as defined by the
Q~ertino General Plan and Section 11.2 of this
Ordinance.
SDCITON 10• IOT AREA AND COVERAGE
Section 10.1: There is no miniminm lot area or coverage required
except that there shall be sufficieTt area to satisfy off-str+est
p~~~3 arfd loading area ~ and special setlaack
~ established by the Q:peztino General Plan.
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oRDZNArtce rro. 13aa (aorrrsrr~ED)
Section 10.2: Zhe aaximaa permitted building area far a property
located in a General. Oartmercial zone is defined by the Qzpertino
General Plan.
SECPION 11 • SEPBACICS
Section 11.1: Frnc:t Yards may be required through the
Architecttnal and Site Approval process, o~surate with special
policy oonstzaints in the General Plan and in order to pmvide
adequate light, air, and visibility at intersections; to assure
general conformity to yard requirmaents of adjacent ar nearby zones,
lots ar parcels; ar to prnimte esare].lence of development.
Section 11.2: No side ar r^ear yard shall be required, except
where a lot abuts an area zoned Residential (R) ar
Agricultural Residential (A1), in which case the following
r~equirearnts shall apply:
a. No part of any building shall be closer to a let ar
parcel zoned R ar Al than the height oP that particular
part of the building.
b. Side yard adjacent to a let ar parcel zoned R ar Al
shall be a minim~na of eight (S) feet.
c. Side yard adjacent to a street shall be a minimmi of
twelve (12) Peet.
d. Rear yard adjacent to a lot ar parcel zoned R ar Al
shall be a minim<an of ts~enty (20) Peet.
SECI'IGN 12 • OONVf3tSI0N OF RESIDE2~ICF5 TD OQ~4+~2CIAL USE
No residential building shall be converted, wholly ar in part, to
commercial ar office use unless a Use Permit Par such oonversicn has
been secured as provided in Ordinance 652 oP the City of Cupertino.
SECTION 13: IITfERPRE'~TIOS1 OF R4~S ORDII~JCE 220 (J)
Section 13.1: ~dienever application far a Building Permit in a
General Commercial (OG) zone is made, anticipating a use which in the
opinion of the Dix+ector of Placming an:l Development is not the same
ar clearly caiparable to uses enumerated in this Ordinance, the
Director of Plannirg and Development shall }peep the Building Permit
in abeyaroe and shall place interpretation of the ardinarne under
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ORDINANCE NO. 1344 (CONTIN[JED)
"New Business" on the agenda far Plarming Carm:issioa:. R2te
Planning OoTamission shall render a decision by Minute Order e~aoept
that i! the Planning ~isaion finds that an interpretation would be
equivalent to an ameTdment to the orrlinanoe, the prooedurea far
intsoducinq an artiinanoe shall be followed.
Section 13.2: ~senever the Director oP Plarmitxl and Development
finds that the use of a building in a General Commercial (CG) zone
has been changed to a use not the same ar clearly eatarable to uses
enumerated in this Ordinanne, the prcoedux~e in the above Section 13.1
shall be followed. If the Planning Camiissian finds that the use is
not in oonformanoe with this Ordinanoe the Commission shall so report.
to the City Oouncil far further action.
SFX.TIOtd 14 • A[tCFIITRCIURAL AND . Avarxxrnr.
Section 14.1• Architectural and Site Approval Catmtittee review
is required to erect a new building ar structure, enlarge an existing
building ar structure, ar modify the site, architecture, lardscsping
ar lighting of a developed property.
Section 14.2: Architectural and Site Appzctral Catnnlttee review
may be waived iE a proposed architectural, site, landscapir:g ar
lighting modification is determined to be minor with respect to the
appearaT:ce ar operatim of the property by the Director of Planning
and Development. If tha Director finds that the modification is net
minor, the applicant may appeal the decision to the Planning
Commission. If a modification is found to be mir»r, an appeal may be
made by any interested party.
SDCI'ICrT 15: SEVII7ABII,1'PY ATTCF'
lion 15.1: If any section, subsection, sentence, clause ar
phrase o! this Ordinance is far any reason held to be
unoonstituticnal, suds decision shall not affect the validity of the
remaining portions of this Ordinanoe. ~e legislative body hereby
declares that it would have passed this Ordinance and each section,
subsectiarT, sentence, clause ar phrase thereof, irrespective of the
fact that any oa~e ar more sections, subsections, sentenoea, clauses
ar phrases be declared unconstitutional.
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ORDII~NCE No. 1344 (OONI7ZJUID)
aTTROW® at a regular meeting of the city Cauycil of the City
of Cupertino, on the 16th day of December, 1985, and II~4iCrID at a
regular meeting of the City WtuyCil of the City of Cupertino this 6th
day of Janaazy, 1986, by the following vote:
V~tQ MembexB of the City Council
Ayg$; Catto, Johnson, Plungy, Sparks, Rogers
T1Q~; None
AffiENP: None
AP;STATNe None
.-.....~... // .arrav..rcv:
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Ci Clerk Mayar', City of ,